From investigation and arrest through to appeal, the criminal defence lawyers at Hassan Luk are by your side to secure the best outcome possible.
With your freedom at stake, you cannot afford to settle for anything less than Hassan Luk and the quality legal expertise that the team provides. We have a strong bench of top-flight individuals in our team and hold a long-established reputation involvment in politically and professionally sensitive investigations.
We often act for publicly known figures who face potential professional and reputational ruin; they value our discretion and our commitment to trying to conclude a case before it gets to the press.
We provide specialist and discreet advice across the whole spectrum of criminal matters, from road traffic offences through to homicide, including cybercrime offences, assault and violent crimes among others:
Being wrongly convicted or receiving an unfair sentence can have devastating consequences.
We have extensive experience advising post-conviction and launching appeals against conviction and sentence, often righting injustices allowed by the creaking justice system or overlooked by other legal teams. Where our clients have been unfairly treated as a result of a court or public body misapplying the law, we are experienced in utilising other avenues of appeal, and judicial review. When all other routes of appeal have failed, we don’t give up. We are experienced in investigations and finding fresh evidence missed by previous teams, forming the basis for applications for review.
We conduct a full top to bottom review of each case, working closely with the top appellate advocates in the country, to identify what went wrong and how to solve it. We leave no stone unturned, and if there is a route to appeal, we will find it.
There is no allegation more serious than an allegation of murder or manslaughter, which, carries a mandatory sentence of life imprisonment. These offences involve taking another person’s life, and they are treated with the utmost seriousness by the justice system.
Kenya Police expend huge resources on murder investigations and, as such, the key to defending such cases is to have a highly experienced lawyer with specialist skills including high level strategic thinking, flawless organisation and a tough and determined litigation style that leaves no stone unturned.
Whilst some of the latest developments have arguably been to the defendant’s advantage, it is clear that in cases concerning the death of another, there can be no compromise when it comes to legal representation.
The world as we know it is run by computers whether that is the mobile phone in your pocket, the tablet in your children’s hands or the laptop sat on your desk. If you have been charged or if you are under investigation for a cyber crime related offence, please contact one of our lawyers for advice.
Our clients come to us seeking support and guidance through what can be a daunting criminal justice system. We offer representation from the earliest stages of an investigation through to the conclusion of proceedings. Where our clients are facing investigation, we have close links with the country’s leading forensic experts, who can locate and interpret digital evidence missed by the authorities. Where our clients have been victims of cyber crime, we have direct access to the industry’s leading cyber security experts, ensuring complete protection and peace of mind.
Our lawyers at Hassan Luk also advise businesses and broadcasters in relation to developments in cyber crime, ensuring their understanding of the growing number offences that can be committed online and how to avoid falling foul of the law or victim to attack.
If you’ve been accused of a hate crime, it’s vital that you take expert legal advice at the earliest possible opportunity. Being convicted of a hate crime can destroy your reputation and impact many areas of your life, so at Hassan Luk our reputable criminal defence team will do everything they can to defend you against allegations of hate crime, ensuring that you are treated fairly and that your legal rights are protected.
Unlike many crimes where the motive might be to take something physical from the victim, such as money or possessions, hate crimes are different. They are driven by prejudice against who the victim is as a person, (for example because of their race, religion, or sexual orientation), and these crimes often involve violence or harm and are fuelled by hatred or bias. The victim does not have to be a member of the targeted group.
However, the law relating to hate crimes is complicated and often open to interpretation, so if you find yourself facing charges of committing a hate crime, it is important to seek advice from a lawyer who has experience and knowledge of this area of the law who can construct a robust defence case on your behalf.
Any finding of guilt in relation to a drugs offence can have far reaching consequences for an individual’s reputation, career, and ability to travel to certain countries.
Hassan Luk's lawyers are well equipped to represent individuals in what can be complex investigations, often involving high-tech surveillance techniques and voluminous communications evidence. We are aware of the sensitive nature of even minor drug offences and routinely represent professionals and high-profile individuals who have found themselves subject to investigation.
Violent criminality can cover an extremely wide range of matters: from the public order offences which result in relatively minor injury, to serious assaults causing grievous bodily harm with life-changing implications for the victim.
We are skilled at uncovering evidence that can change the complexion of a case and presenting it to the trial courts.
The penalties for unlawfully possessing a firearm or an imitation firearm can be severe. Anyone possessing a firearm must be licensed to do so and must be in possession of an authorising certificate from the police, the licensing authority for firearm and shotgun certificates.
There are large number of motoring offences which together span a range of seriousness from road traffic accidents involving deaths to administrative matters.
While some offences can be dealt with relatively simply by the individuals involved, even relatively minor cases can, depending on their circumstances, have far reaching consequences.
Being involved in a road traffic accident – or being the subject of a criminal prosecution in relation to one – can, for example, be a traumatising and stressful experience. Being subject to a police investigation can have a significant negative impact far beyond any legal sanction imposed.
Motoring offences include:
The team at Hassan Luk have long experience representing drivers charged with a broad spectrum of motoring offences and have achieved significant success persuading investigators and prosecutors to either not bring criminal charges or end proceedings.
We have extensive experience acting in cases of blackmail and extortion, both on behalf of individuals facing investigation and prosecution, and on behalf of victims who have been the subject of unwarranted demands.
We secure the best possible results for our clients through early engagement with the police and prosecutors. This often involves taking a proactive approach, conducting our own investigations and compiling evidence to be submitted alongside written representations. When our clients find themselves involved in court proceedings, we guide and support them throughout the process. Where our clients have received threats, we are experienced in engaging with the other side, offering them a final opportunity to stop before a formal complaint is made to the police.
The office of the Director Public Prosecutions is mandated to carry out prosecutions without the permission of the court. However, any person may make an application to a magistrate’s court seeking to be granted permission to carry out private prosecution. The person must show that he/she has reported the matter to the police and that the Director of Public Prosecutions is aware of the complaint and has made a decision not to prosecute without reasonable justification.
Private prosecution can be undertaken where there is a clear likelihood of failure of justice or where there is a great social evil that is being allowed to flourish.
Why privately prosecute?
The primary reason individuals and organisations seek to prosecute privately is disillusionment. Having made a complaint of criminality, a victim of crime may easily become frustrated with law enforcement’s lack of progress. Victims may also disagree with a decision not to bring criminal charges. A private prosecution can offer these people a more efficient way of holding a wrongdoer to account.
A successful private prosecution can be a strong deterrent to others to behave in a similar manner and can protect the public. Moreover, the ability to deprive an offender of any proceeds from their wrongdoing if successfully prosecuted can offer a practical alternative to lengthy and costly civil proceedings.
How to initiate private prosecution
The first step to any private prosecution to apply to a Magistrates’ Court to issue a summons or warrant. If granted, this launches proceedings and requires the subject to attend court.
There are strict rules about what must be included in an application for a summons and it is vital that this stage is completed correctly to avoid unnecessary delay and costs.
Obligations of a private prosecutor
A private prosecutor must ensure that the law is properly applied, that relevant evidence is put before the court at each stage and that obligations of disclosure are complied with.
Anyone bringing a private prosecution – as well as their lawyers – is required to comply with the same statutory disclosure regime as state prosecutors. In practice, this means that a private prosecutor must provide all material that may be relevant to the case to their lawyers who must disclose to the accused any material which might be capable of assisting the defence or undermine the prosecution case.
Failures to comply with these strict obligations could result in a private prosecution being stopped by the court, an adverse costs decision or the DPP taking over and stopping the prosecution.
Recovery of costs
At the end of a case, a private prosecutor can apply for recovery of the costs involved in bringing a prosecution. This is the case even if the prosecution is unsuccessful. A costs award is not dependant on the accused having the means to pay the prosecutor’s costs.
If there has been any bad faith or improper conduct by, or on behalf of, a private prosecutor can lead to costs being awarded against them.
Victims of fraud
Depending on the circumstances of a case, a private prosecution may be used alongside civil litigation by victims of fraud. This dual-pronged approach can be an effective means of achieving restitution for organisations and individuals who have lost significant amounts of money to fraud, but for whom the police and Banking Fraud Investigation Unit (BFIU) are proving ineffective.
Anyone who finds themselves in this situation is advised to take legal advice from a law firm with expertise in criminal and civil litigation which can provide a holistic and pragmatic strategic approach.
Defending private prosecutions
The democratisation of the prosecution process has advantages and disadvantages for justice. While it opens the door for genuine victims of crime to achieve justice, it is also open to abuse by people bringing ill-founded and malicious prosecutions.
Effective defence against private prosecutions requires a deep understanding of the tactics and strategy of regular criminal defence, but also of the specific issues in private cases such as resisting the issue of a summons, applying to the DPP to stop a prosecution and presenting abuse of process arguments.
Hassan Luk's team of fraud and dispute resolution lawyers have a wealth of experience in investigating and dealing with wrongdoing perpetuated against individuals and companies, and in recent years have been involved with some of the most significant fraud cases heard by the Kenyan Courts.
We work closely with a range of private investigators, forensic accountants, offshore lawyers and other third party providers to deliver a comprehensive service covering all aspects of an investigation, from the initial discovery of wrongdoing through to restitution and resolution.
Search and imaging orders
These injunctions allow us to enter and conduct a search of the Defendant's premises (business and/ or home) and/or forensically image their digital devices to seize evidence. No other Kenyan law firm has more expertise in this area than we do.
Freezing orders
Where there is a risk of the Defendant dissipating his assets in the face of a legal claim, we freeze the Defendant's assets (e.g. bank accounts, properties, cars, shares, cryptocurrency etc.). This ensures that any damages awarded are recoverable.
Immediate delivery up order
This injunction forces the Defendant to give back all stolen material immediately. It includes confidential hard copy information and often copies of computers and other electronic devices, such as mobile phones, to the Claimant's advocates.
Third party disclosure orders
These orders are used to compel parties not otherwise involved in a civil claim to disclose relevant documents and information. Example targets include banks, internet service providers or professional services firms. We regularly obtain them to trace stolen assets or identify wrongdoers.
Our experience / expertise in this area includes:
Criminal cases can be heard either in the Magistrates Court or the High Court. Every case starts in the Magistrates Court and the most serious cases end up in the High Court. It’s important to have expert representation as early as possible and the Advocates at Hassan Luk are able to provide you with this at the outset, guiding you through the legal proceedings and building a strong defence for you.
If you are suspected of a crime but haven’t been formally charged, our lawyers can advise you on your rights and ensure you are treated fairly during police interviews.
We can accompany you to the police station and ensure your rights are respected throughout the questioning process. We can also advise you on whether to answer questions and how to protect your interests.
Although all criminal prosecutions start in a Magistrates’ Court, if charged with a lower/less serious offence, your case will probably continue to be heard and conclude in the Magistrates’ Court. We will represent you in court, advise on plea, and negotiate with the prosecution for the best possible outcome.
More serious offences are heard in the High Court, and if contested, a trial is before a Judge. We can build a robust defence strategy based on your instructions, gather evidence, instruct a advocate where necessary, and represent you throughout the trial process.
In the event of a guilty plea/conviction, we can help mitigate the sentence and explore a potential appeal where applicable or alternative sentencing options.
We can assist with matters such as parole applications, sentence reviews, and challenges to wrongful convictions.
Our lawyers’ main focus is to ensure your rights are protected, and that you receive the highest quality representation during this difficult time. We understand just how serious the consequences of a conviction can be, which is why we work tirelessly to help you throughout your case. We understand that anyone seeking our help may be feeling anxious and overwhelmed but you are not alone. We can help you navigate the legal process, will provide you with excellent representation and fully support you throughout. You will be treated with the utmost empathy, understanding and respect so no matter what your situation, we are here to help.
We have been on both sides of the table, there are several former senior prosecutors in our team, giving us insight into how the investigators and prosecutors think, operate and make decisions.
At Hassan Luk, we prioritise combining first-class client service with robust and highly strategic defence. Our specialist lawyers have in-depth knowledge and experience of investigative techniques and procedures. We also have an impressive track record in persuading investigative and prosecuting agencies to discontinue cases, and in securing not guilty verdicts at trial.
If you are arrested or invited to attend the police station for a voluntary interview, it is crucial that you seek legal advice as soon as possible. Obtaining legal advice at the police station will help you understand why you have been arrested, the extent and weight of the evidence against you, your legal rights within the process and the implications of your decision whether or not to answer questions in an interview.
If you have already been interviewed - with or without a lawyer present - and have been released while the investigation continues, we strongly advise you to seek legal advice as soon as possible. Hassan Luk’s specialist team of lawyers are available 24 hours to assist you in the event of an arrest and/or interview by law enforcement agencies.
We deal with cases at the Magistrates Court, High Court and Appeal. We have a team of specialist advocates who practise in a variety of cases in the Magistrates Courts on a daily basis. The lawyers will honestly advise you on the strength of the prosecution case, the appropriate plea, the likely sentence and the issues that need to be addressed in order to be successful at Trial.
If you have been convicted of a crime and are serving a custodial sentence, we are here to ensure you receive fair treatment in prison. If you feel you were treated unfairly we are also able to represent you while you make a claim for compensation. Hassan Luk also advise on parole hearings, appeals, judicial reviews etc.
You should expect that your lawyer have the knowledge of the law and experience defending the type of charges you are facing as well as experience in the court where the charges were filed, and that he/she is a skilled litigator and negotiator.
In addition, you should expect help with alternative scenario planning, evaluation of your options and risk assessment. This means that the advocate will listen objectively to your situation and that he/she will help you understand the possible scenarios, evaluate the pros and cons of the available legal options, properly assesses the risks involved, and communicate clearly with you as to what will be the best course of action. You should expect that the communication be open and timely, that copies of all records and all the filings produced by the advocate and the prosecution on your case will be provided promptly, and that your calls get returned in a reasonable time frame. Information about the proceedings and possible outcomes must be provided in a timely manner so that you have time to prepare for the outcomes.
You should expect that communications with your advocate will be kept confidential and that your advocate make you comfortable and not judge you when you give him information. Theses communication and case management practices are engrained in Hassan Luk’s internal processes and procedures, so we are proud to be able to provide the highest level of professional service to our clients in a consistent manner.
Finally, you should expect that your advocate will be creative and effective, so that he/she is able to come up with a proper resolution of your case. At Hassan Luk, we are known for our creativity and for the development of innovative ways to resolve criminal, defamation and personal injury cases for our clients.
Generally a person who has been arrested is brought to the police station where he/she is “booked”. This means the police will take personal, physical, biographical and historical information. The police will use this information to determine if the individual has any warrants or a criminal history in order to evaluate whether or not he/she can be released from custody and whether the payment of a bail/bond is required.
Generally, the Director of Public Prosecutions (DPP) will file a criminal complaint in court and the individual will be required to appear before that court. During the arrest procedure, officers may also seize property, records, and/or materials as evidence.
No, the constitution does not require an individual who has been arrested to speak to the authorities, with the exception of providing basic information about one’s identity. The decision of whether or not to speak to the police is a very important one and it should be evaluated with your lawyer as soon as possible.
You have the right to refuse to speak with any law enforcement officer. If ever arrested, you should exercise this right and request to speak with an advocate.
An arraignment is the initial formal proceeding before a court in a criminal matter. Generally, the court will announce the charges that have been filed against the defendant. The defendant will enter a plea or often times the court will enter a plea of not guilty on the defendant’s behalf. The prosecutors can ask the court to enter an order of detention or in some cases, restrictions on the person’s freedoms if they are released.
If a person has been arrested, generally they must appear for an arraignment, at which time the charges will be publically announced, a plea of not guilty will be entered on behalf of the defendant and a determination of bail or conditions of release will be presented to the court. While the law provides for a presumption of release without conditions, the prosecutors are permitted to request that restrictions be placed on the defendant. These include, payment of a bail/bond (an amount of money that must be posted to secure that the defendant will return to court), a “stay away order” (an order that says the defendant cannot go to the location where the crime allegedly occurred or to have contact with the alleged victims or other similar limitations).
After criminal charges have been filed and a defendant has been arraigned, the court will schedule a pretrial conference or a pretrial hearing. These are similar events at which the prosecution and the defence lawyer meet to exchange evidence and to discuss the legal issues presented in the case.
Not necessarily. Criminal charges are processed by the state/government and not by an individual. The fact that an alleged victim does not want to participate or testify, may convince the prosecutor to dismiss the charges, if there are no other witnesses or convincing source of evidence against the defendant.
The determination to dismiss a criminal charge rests with the prosecution, not with a witness.
A misdemeanor is generally a less serious criminal offence.
On the other hand, a felony is a more serious criminal offense. A felony is an offence that is punishable by a sentence of a year or more of imprisonment.
If there is a warrant for your arrest, it is important to review your situation with a qualified criminal lawyer so that a defence strategy can be established for your case, inclduing preparing for your bail application.
Bail/bond is paid to the court that issued the order of detention. Generally an individual may pay the bail (post the bond) in the office of the court during regular business hours.
In the alternative, bail or bond may be posted at the detention facility where the detained individual is being held at specific times and hours. Bail or bond may be paid in cash, by pledging a property, and by certified bank check.
Yes, the court generally will have established a hearing date for the case and you will be required to appear before the court at that time, unless otherwise directed by the court.
Yes, a criminal defendant has the right of representation by counsel, which has been interpreted by the courts to allow an individual the ability to hire any lawyer they choose.
This right does not exist in the same way, when an individual is not hiring an advocate, but using a court appointed lawyer. If you are not happy with the lawyer you have hired, you should seek a new lawyer as early as possible in the process of legal representation, because one of the few bases a court can deny a request to change lawyer is if there is insufficient time for the new lawyer to be prepared for trial.
It is important that you feel comfortable and confident with the advocate that is representing you and that you understand the strategy that he is following, so that you build the necessary trust to follow your lawyer’s instructions and recommendations. In our experience, a large part of the success in most legal proceedings depends on the client following such advocate instructions.
Yes, the advice of a lawyer is critical to making a proper decision about the disposition of a criminal case, even if you intend to plead guilty.
Any offer or plea bargain should be evaluated carefully with the assistance of an experienced criminal defence lawyer, to ensure that your rights have been protected and that you understand the short term and long term consequences of the plea.
The cost generally varies and it depends upon the experience and in most cases the seniority of the advocate and the nature of the case. Generally, the legal fees for advocates with greater experience and qualifications will be larger than those for less experienced advocates. In addition, the legal fees for representation in connection with a serious charge will be larger than those for a minor criminal offence. In our firm, we will review the initial documentation or information about the criminal charges in order to determine what the appropriate legal fee should be.
There is an old saying that has endured for many years and says that: A person who represents himself has a fool for a lawyer . A person generally does not have the knowledge and understanding of the law and the procedures and even if they possess that knowledge, they generally do not have the ability to evaluate their situation objectively due to their personal involvement. It is therefore, never recommended to represent yourself in a criminal case as there is a risk of serious life altering consequences.
No. Every case involves a number of different factors or variables that although they may be influenced and partially controlled by lawyers, they are not completely controlled by them. Results, therefore cannot be guaranteed, as they also depend on the nature of the case and the factors surrounding it. These may include, the strength of the evidence obtained by the police, the history and tendencies of magistrates and judges, the conduct of the client and witness, etc.
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